Damien English (Meath West, Fine Gael)
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The Code of Practice on the Right to Disconnect is operational since 31 March 2021 and is a best practice guide and template to remind employers of the statutory obligations around record keeping, the maximum average weekly working hours permitted for employees, and employees statutory rest period entitlements.  The Code is also aimed at ensuring workers are aware of their statutory entitlements and how to raise concerns in relation to non-compliance.

This particular Code acts as an important complementary addition to the suite of existing statutory measures which protect employment relationships in this area; the Organisation of Working Time Act, 1997 and the Safety, Health and Welfare at Work Act, 2005 being particularly relevant.

In terms of number of complaints, the WRC compiles statistics on complaints under the statutory provisions of the Organisation of Working Time Act but it would not be right to report all of those as being related to complaints concerning the right to disconnect.  The Tánaiste wrote to the WRC requesting an update on the Code's first anniversary. In reply, the WRC has advised that the right to disconnect has not arisen as a core issue in terms of complaints submitted to the WRC nor is it arising over the course of inspections carried out by the WRC. To coincide with the first anniversary, the WRC conducted a social media campaign on the provisions of the Code.

Codes of Practice play an important role in the protection of rights and in maintaining good workplace relations. While failure to follow a Code prepared under section 20(1)(a) of the Workplace Relations Act, 2015 is not an offence in itself, section 20(9) does provide that in any proceedings before a Court, the Labour Court or the Workplace Relations Commission (WRC), a Code of Practice shall be admissible in evidence and any provision of the Code which appears to the Court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.